HomeMy WebLinkAboutContract 53058 E'er
�O� �2419 CSC No. 53058
,-�°0,',�G NTNTERLOCAL AGREEMENT FOR THE SCHOOL RESOURCE OFFICER PROGRAM
LAKE WORTH INDEPENDENT SCHOOL DISTRICT
This agreement ("Agreement") is made and entered into between the City of Fort Worth, a
home rule municipal corporation of the State of Texas ("City"), acting by and through Jesus J.
Chapa, its duly authorized Assistant City Manager, and the Lake Worth Independent School
District ("LWISD"), a political subdivision of the State of Texas located in Tarrant County and a
legally constituted Independent District ("District"), acting by and through Donna Hutson, its duly
authorized President,Board of Trustees.
RECITALS
WHEREAS, this Agreement is made under the authority granted to the City and the District
pursuant to the Texas Government Code, Chapter 791, known as the INTERLOCAL
COOPERATION ACT;
WHEREAS,the citizens of Fort Worth and the City Council have determined that the security
of students is paramount;
WHEREAS, District wishes to participate in the School Resource Officer Program ("SRO
Program") through which City provides school security assistance to participating school districts
with facilities within the City's territorial limits using City's police officers; and
WHEREAS, City will receive funds through the Fort Worth Crime Control and Prevention
District("CCPD")to assist in funding City's portion of the SRO Program costs.
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
herein expressed, the Parties agree as follows:
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Agreement for the SRO Program
2. Exhibit A—Scope of Services
3. Exhibit B—Payment Schedule
Exhibits A and B, attached hereto are incorporated herein and made a part of this Agreement for all
purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the
OFFICIP,
CITY S�4:ir<za
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terms and conditions set forth in the body of this Agreement,the terms and conditions set forth in the
body of this Interlocal Agreement shall control.
The term "District" shall include the District, and its officers, agents, employees, representatives,
servants,contractors or subcontractors.
The term"City"shall include its officers,employees, agents,and representatives.
The term"Party" shall refer to either the City or the District.
The term"Parties"shall refer to both the City and the District.
1. SCOPE OF SERVICES.
City hereby agrees to provide the District with school security services for the purpose of
creating a safe educational environment,in partnership with the District. The City will provide Fort
Worth Police Department("FWPD") officers at District schools within the territorial limits of Fort
Worth. The District covenants and agrees to fully cooperate with the City in the implementation of
the SRO Program. Attached hereto and incorporated for all purposes incident to this Agreement is
"Exhibit A,"Scope of Services,more specifically describing the services to be provided hereunder.
2. TERM.
This Agreement shall commence on October 1,2019 ("Effective Date")and shall continue in
full force and effect until September 30, 2020, unless terminated earlier in accordance with the
provisions of this Agreement.
3. CONSIDERATION.
The District shall pay City$88,527.13 in accordance with the provisions of this Agreement
and the Payment Schedule attached as "Exhibit B." Such Agreement amount is based upon fixed
expenditures for personnel and operating costs for police officers assigned to the SRO Program. The
Agreement amount represents 50% of all personnel and operating costs incurred by the City for the
one (1) police officer, which does not include the command staff, assigned to the District. The
Agreement amount also includes the District's proportional share of the personnel, training and
operating costs of the FWPD command staff that oversee the SRO Program. The command staff
costs are shared by all participating school districts, and the participating school districts pay a
proportional amount of the command staff costs based on the number of SRO Program officers
assigned to each participating school district. The command staff includes one(1)detective,five(5)
sergeants, two (2) relief police officers, and one (1) lieutenant assigned to the SRO Program. In
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addition, the Agreement amount includes the District's proportional share of the administrative
operating fees of SRO-assigned patrol vehicles.
In the event that an officer is on leave due to an occupational injury,the Agreement Amount
shall not be reduced or amended due to such absence unless agreed by both Parties in writing.
It is understood and agreed that District shall remit funds to the City within thirty(30)calendar
days following receipt of an official invoice. Invoices shall be provided by City to District on a
monthly basis.
4. TERMINATION.
4.1 CCPD Funds
This Agreement is wholly conditioned upon the actual receipt by City of Program
Funds from the CCPD. In the event that funds from the CCPD are not timely received, in
whole or in part, City may, at its sole discretion,terminate this Agreement and City shall not
be liable for payment for any work or services performed by District under or in connection
with this Agreement.
4.2 Convenience.
The City or District may terminate this Agreement at any time and for any reason by
providing the other Party with 30 days' written notice of termination.
4.3 Non-appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any fiscal
period to fund the SRO Program, City will notify District of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for which appropriations were
received without penalty or expense to the City of any kind whatsoever.
4.4 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the Expiration Date,the District
shall pay City for services actually rendered up to the effective date of termination and City
shall continue to provide the District with services requested by the District and in accordance
with this Agreement up to the effective date of termination. Within thirty(30) days after the
effective date of such termination, City shall forward to District a final invoice for the
appropriately prorated unpaid balance due on the Agreement Amount for services rendered
and District shall remit payment in full within thirty (30) days after the date of such invoice.
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5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
5.1 Disclosure of Conflicts. District and City hereby warrant that full disclosure in
writing of any existing or potential conflicts of interest related to services under this Agreement has
been made. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
City and District hereby agrees immediately to make full disclosure to the other parry in writing.
5.2 Confidential Information. District, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by the City as confidential and shall not
disclose any such information to a third party without the prior written approval of the City.
5.3 Unauthorized Access. District shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access,modify, delete or otherwise corrupt City
Information in any way.District shall notify the City immediately if the security or integrity of any
City information has been compromised or is believed to have been compromised, in which event,
District shall, in good faith, use all commercially reasonable efforts to cooperate with the City in
identifying what information has been accessed, modified, deleted or otherwise corrupted by
unauthorized means and shall fully cooperate with the City to protect such information from further
unauthorized tampering.
5.4 Federal Law Enforcement Database Access. If District, or any District Personnel,
has access to any federal law enforcement database or any federal criminal history record
information system, including but not limited to Fingerprint Identification Records System
("FIRS"),Interstate Identification Index System("III System"),National Crime Information Center
("NCIC")or National Fingerprint File("NFF"),that is governed by and/or defined in Title 28,Code
of Federal Regulations Part 20 ("CFR Part 20"), for the purpose of providing services for the
administration of criminal justice as defined therein on behalf of the City under this Agreement,
District shall comply with the Criminal Justice Information Services Security Policy and CFR Part
20, and shall separately execute the Federal Bureau of Investigation Criminal Justice Information
Services Security Addendum.
6. RIGHT TO AUDIT.
District agrees that the City shall,until the expiration of three years after final payment under
this Agreement, or the final conclusion of any audit commenced during the said three years, have
access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records of the District involving transactions relating to this Agreement at no additional
cost to the City. District agrees that the City shall have access during normal working hours to all
necessary District facilities and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this section. The City shall give District
reasonable advance notice of intended audits.
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Section 6 shall survive the termination or expiration of this Agreement.
7. INDEPENDENT CONTRACTOR.
District shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. City shall operate hereunder as in independent contractor and not as an
officer, agent, servant, or employee of the District. City shall be solely responsible for the acts and
omissions of its officers, members, agents, servants, and employees. District shall be solely
responsible for the acts and omissions of its officers, members, agents, servants, and employees.
Neither City nor District shall be responsible under the Doctrine of Respondent Superior for the acts
and omissions of the officers,members, agents, servants, or employees of the other. Nothing in this
Agreement shall waive any statutory or common-law immunity or defense of City or District.
8. PROPERTY LOSS.
City shall in no way nor under any circumstances be responsible for any property belonging
to District,its officers, members, agents, employees, subcontractors, program participants, licensees
or invitees,which may be lost, stolen, destroyed or in any way damaged.
9. NON-DISCRIMINATION COVENANT.
District, for itself,its personal representatives, assigns, subcontractors and successors
in interest, as part of the consideration herein, agrees that in the performance of District's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or
group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of
this non-discrimination covenant by District, its personal representatives, assigns, subcontractors or
successors in interest, District agrees to assume such liability and to indemnify and defend the City
and hold the City harmless from such claim.
Section 9 shall survive the termination or expiration of this Agreement.
10. LIABILITY
To the extent allowed by law, each of the Parties shall be liable and responsible for any damages
or loss caused by the negligent acts or omissions, or malfeasance or intentional misconduct of each
of its respective officers, agents, servants, or employees. Nothing in the performance of this
Agreement shall impose any liability for claims against District, other than claims that may arise as
set forth in this section and Section 9, or for claims which the Texas Tort Claims Act may impose
liability. Nothing in the performance of this Agreement shall impose any liability for claims against
the City of Fort Worth other than claims that may arise as set forth in this section or for which liability
may be imposed by the Texas Tort Claims Act.
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Section 10 shall survive the termination or expiration of this Agreement.
11. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand-delivered to the other Party, c/o the designated
person listed below; or (2) received by the other Party by United States Mail, registered, return
receipt requested, addressed as follows:
City of Fort Worth LWISD
Attn: Jesus J. Chapa Attn: Rose Mary Neshyba
Assistant City Manager Superintendent
200 Texas Street 680:5 Telephone Road
Fort Worth, Texas 76102-6311 Lake Worth, Texas 76135
With Copy to the City Attorney
At same address
12. GOVERNMENTAL POWERS/IMMUNITIES.
1,
It is understood and agreed that by execution of this Agreement, neither the City nor the
District waives or surrenders any of their governmental powers or immunities.
13. NO WAIVER.
The failure of the City or District to insist upon the performance of any term or provision of
this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or
District's respective right to insist upon appropriate performance or to assert any such right on any
future occasion.
14. GOVERNING LAW/VENUE.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity,is brought pursuant to this Agreement,venue for
such action shall lie in state courts located in Tarrant County, 'Texas or the United States District
Court for the Northern District of Texas,Fort Worth Division.
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15. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable,the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
16. FORCE MAJEURE.
The City and District shall exercise their best efforts to meet their respective duties and
obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in
performance due to force majeure or other causes beyond their reasonable control,including,but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the
public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by
any governmental authority,transportation problems and/or any other similar causes.
17. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only, shall not be
deemed a part of this Agreement, and are not intended to define or limit the scope of any provision
of this Agreement.
18. APPROVAL OF AGREEMENT.
The governing bodies of City and District have approved the execution of this Agreement,
and the persons signing the Agreement have been duly authorized by the governing bodies of the City
and District to sign this Agreement on behalf of the governing bodies.
19. REVIEW OF COUNSEL.
The Parties acknowledge that each Party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting Party shall not be employed in the interpretation of this Agreement or
exhibits hereto.
20. AMENDMENTS.
No amendment of this Agreement shall be binding upon a Party hereto unless such amendment
is set forth in a written instrument, which is executed by an authorized representative of each Party.
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21. ENTIRETY OF AGREEMENT.
This Agreement, including Exhibits A and B, contains the entire understanding and
agreement between the City and District, their assigns and successors in interest, as to the matters
contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null
and void to the extent it conflicts with any provision of this Agreement.
22. COUNTERPARTS AND ELECTRONIC SIGNATURES.
This Agreement may be executed in one or more counterparts and each counterpart shall, for
all purposes, be deemed an original, but all such counterparts shall together constitute one and the
same instrument. A signature received via facsimile or electronically via email shall be as legally
binding for all purposes as an original signature.
23. BODY WORN CAMERAS.
City and District agree that any use of body-worn cameras by FWPD officers will be subject
to and in compliance with state law and local regulations regarding the use and operation of body-
worn cameras (BWC). City shall use its best efforts to notify the District at least two weeks before
its SRO Program officers assigned to the District are to begin use of BWCs, and will provide written
information and training to the principal and assistant principals of the schools to which the officers
are assigned, on the objectives and procedures for the use of BWCs. Every SRO Program officer
equipped with a BWC shall be trained in the operation of the equipment prior to its use.When utilizing
BWCs, the SRO Program Officers shall adhere to the objectives and procedures outlined in this
Agreement and the Fort Worth Police Department General Orders so as to maximize the effectiveness
of the BWC and the integrity of the video documentation. City may, if not otherwise prohibited by
law,provide to the District copies of any such filming of students,parents,employees,or others upon
school property,upon request for such copies by the District,as an intergovernmental transfer. In the
event the City believes the providing of a copy of such videos would be prohibited, City agrees to
utilize its best efforts to facilitate the availability of the officer who made the video to testify, upon
request by the District, in any school disciplinary hearing concerning the officer's knowledge of the
facts and circumstances of the incident which was videoed. The Parties also agree that any such film
or video taken by, and kept in the possession of, the City's officers may be considered "law
enforcement records"under the Family Educational Rights and Privacy Act(FERPA),20 U.S.C. sec.
1232g and 34 C.F.R. Sec. 99.8, and that any copy of such film or video, if permitted by law to be
provided to the District,may then become an educational record of the District under FERPA. In the
event the District determines that such educational record is required to be released to the public or
to a parent or a student under FERPA,the District agrees,prior to release of such records,to provide
the City advanced written notice sufficient for the City to determine if a protective order or other
injunctive relief may be required to protect the confidentiality of the record.
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APPROVED AND AGREED FOR CITY APPROVED AND AGREED FOR
OF]FORT WORTH LWISD
Jesuse�(Novll,.019)
Jesus J. Chapa Donna Hutson
Assistant City Manager President,Board of Trustees
Date: Date:
APPROVAL RECOMMENDED APPROVED AS TO FORM AND
LEGALITY FOR LWISD
E win Kraus(Nov 11,2019)
Edwin Kraus
Chief of Police
LW iey
Date:
Date: /a"3Q- 1
APPROVED AS TO FORM AND
LEGALITY FOR CITY OF FORT ATTEST w° K 04
WORTH
Mary J.K r(No
�
Matt Murray(Nov 11,201�. Mary J.Kayser
L
Matthew A.Murray City Secretary
Assistant City Attorney ;
Date:
Date: M&C No,
Form 1295 Certification No:NOT REQUIRED
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
lo��;�Rodriguez
fames Rodriguez(No✓11,2019) - —
Sasha Kane ®MCIAL RECORD
Contract Compliance Specialist CITY SECRITARY
FT ORT[-
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EXHIBIT A
SCOPE OF SERVICES
1. City,through the commander of the SRO Program, shall assign FWPD officers to specific
schools within the District to provide school security and officers shall work directly with
the District's school principals.
2. There shall be one(1)City police officer assigned to the District for the SRO Program. In
addition,there shall be a command staff comprised of one(1) detective,five(5)sergeants,
two (2) relief police officers, and one (1) lieutenant assigned to the SRO Program. The
Lieutenant shall command the SRO Program. Additional officers will not be provided to
District during the Term of the Agreement. The District shall submit a written request
for additional Police Officers to City ten(10)months prior to the start of a new Fiscal
year(the end of the month of December).
3. Assigned officers shall have the SRO Program as their primary duty, and will not be
regularly assigned additional police duties. City reserves the right,however, to reassign
any or all officers temporarily in the event of an emergency or when the City, in its sole
discretion,deems necessary.
4. City shall coordinate assignment and duty hours with District. If necessary, to handle
unplanned absences at schools, FWPD officers from other units may be assigned
temporarily to provide coverage. City shall not provide replacements for officers who are
on leave due to an occupational injury. Replacement officers, when available, will be
assigned to District when the assigned police officer's absence is for an extended period of
time.
5. City shall provide to the officers assigned to the SRO Program all the law enforcement
training and certification,vehicles and police equipment,benefits,and insurance(including
liability coverage)that are provided to all City's police officers. District shall provide any
radio equipment necessary to allow the assigned officers to communicate with District
staff.
6. The City shall maintain emergency response plans for every school within their
jurisdiction. To the extent allowed under Texas law,these plans shall be kept confidential
within the Fort Worth Police Department for security purposes,but meetings shall be held
with authorized representatives.of District to provide relevant information and excerpts
from the plan necessary for implementation. City's Chief of Police shall designate a
commander to be responsible for maintenance and dissemination of these plans.
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7. All police personnel assigned to the SRO program will remain subject to the rules and
regulations applicable to all sworn personnel, including General Orders, Special Orders,
Personnel Rules and Regulations, directives and other applicable law.
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EXHIBIT B
PAYMENT SCHEDULE
District will remit 11 payments at $7,377.26 per month within 30 days of receipt of an invoice
from the City and a final payment due in the amount of$7,377.27.
$7,377.26 x 11 =$81,149.86
Final Payment= $ 7 377.2
Total Payments $88,527.13
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